Hamby v. Shepard, No. 3:2019cv00077 - Document 61 (E.D. Tenn. 2020)
Court Description: MEMORANDUM OPINION in support of the following Judgment Order. Signed by District Judge Curtis L. Collier on 8/25/20. (c/m William D. Hamby, Jr. 135146 MORGAN COUNTY CORRECTIONAL COMPLEX PO BOX 2000 WARTBURG, TN 37887 ) (ADA)
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Hamby v. Shepard Doc. 61 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE WILLIAM D. HAMBY, JR., ) ) ) ) ) ) ) ) ) Plaintiff, v. NURSE SHEPPARD, Defendant. No. 3:19-CV-077-CLC-DCP MEMORANDUM OPINION This is a pro se prisoner’s complaint for violation of 42 U.S.C. § 1983. Now before the Court is Plaintiff’s motion to voluntarily dismiss this action [Doc. 59], in which he states that he seeks to dismiss this action because he does not have an attorney [Id. at 1]. Defendant has not filed a response thereto and her time for doing so has passed. E.D. Tenn. LR 7.1(a)(2). Thus, Defendant waived any opposition thereto. Elmore v. Evans, 449 F. Supp. 2, 3 (E.D. Tenn. 1976), aff’d mem. 577 F.2d 740 (6th Cir. 1978); E.D. Tenn. LR 7.2. Accordingly, due to the lack of any opposition, Plaintiff’s motion to voluntarily dismiss this action [Doc. 59] will be GRANTED. Also, the Court CERTIFIES that any appeal from this dismissal would not be taken in good faith. AN APPROPRIATE ORDER WILL ENTER. /s/ CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE Case 3:19-cv-00077-CLC-DCP Document 61 Filed 08/25/20 Page 1 of 1 PageID #: 345 Dockets.Justia.com
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